The International Criminal Court on Tuesday issued a stern warning to the government over allegations about seven incidents of breach of confidentiality.
The ICC’s Trial Chamber V(B), which is handling the case against President Uhuru Kenyatta, accused the government of repeatedly breaching the rules of confidentiality by leaking information to the media and making public filings that should be confidential.
In addition, judges Kuniko Ozaki (presiding judge), Robert Fremr and Geoffrey Henderson accused the government of failing to redact confidential information from some of its filings.
“Thus, the Chamber notes with concern the Kenyan Government’s cumulative inattention to the taking of appropriate measures to ensure the confidentiality of the proceedings, including by leaving confidential information unredacted in its proposed public-redacted version, by exercising insufficient care in how this proposed version was filed, and by its reference to confidential information during a public status conference,” the order states.
The judges said the breaches occurred although the government was recently warned of the seriousness of such a breach and despite the government’s assurance that it would “proceed with the appropriate and necessary caution” to avoid such occurrences happening in the future.